Appellate Division: Second Judicial Department

M242885

E/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2017-01874 Citibank, N.A., plaintiff, v Ann Reed, respondent, et al., defendants; Wilmington Trust, National Association, etc., nonparty-appellant. (Index No. 21717/10)

DECISION & ORDER ON MOTION

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 3, 2017. By order to show cause dated September 16, 2017, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the nonparty-appellant is not aggrieved by the order and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the nonparty-appellant's time to perfect the appeal is enlarged until February 9, 2018, and the record or appendix on the appeal and the nonparty-appellant's brief shall be served and filed on or before that date.

CHAMBERS, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court